The court affirmed that, upon joint submission of a memo recording settlement out of court by both parties, an appeal can be disposed of accordingly. This ruling follows existing precedent and clarifies the authority and process for consent disposal. Relevant for all civil appeals before the court, the judgment serves as binding authority for similar scenarios.
Summary
| Category | Data |
|---|---|
| Case Name | AS/54/2020 of A. SELVAM Vs M. SANTHI |
| CNR | HCMA010901582019 |
| Date of Registration | 08-01-2020 |
| Decision Date | 15-10-2025 |
| Disposal Nature | DISPOSED OF |
| Judgment Author | HONOURABLE DR.JUSTICE A.D.MARIA CLETE |
| Court | Madras High Court |
| Precedent Value | Binding on subordinate courts (as a High Court pronouncement on process) |
| Overrules / Affirms | Affirms existing practice of consent-based disposal of appeals |
| Type of Law | Civil Procedure |
| Questions of Law | Can an appeal be disposed of as settled based solely on parties’ filed memo recording an out of court settlement? |
| Ratio Decidendi |
When parties to a civil appeal file a memo jointly stating that the dispute has been settled out of court, the High Court can dispose of the appeal on that basis. The court’s order formalizes the settlement and closes the proceedings, requiring no further adjudication of the appeal’s merits. No costs are imposed in such disposals, and the process relies entirely on the parties’ consent and memorandum. This principle reaffirms the court’s facilitative and endorsing role where disputes are amicably resolved. |
| Facts as Summarised by the Court |
On 13.10.2025, both sides’ counsels appeared and submitted a memo stating the matter was settled out of court. The memo was dated 13.10.2025. The court then disposed of the appeal accordingly, with no order as to costs. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts under Madras High Court |
| Persuasive For | Other High Courts |
What’s New / What Lawyers Should Note
- Confirms that a memo jointly filed by parties indicating out of court settlement is sufficient ground for consent disposal of an appeal in the High Court.
- Disposes of the appeal with no order as to costs when the settlement is duly reported.
- Lawyers may use this as precedent for expedited resolution upon out of court settlements.
Summary of Legal Reasoning
- The court recorded the appearance of counsel for both parties on 13.10.2025.
- A joint memo dated 13.10.2025 was filed, expressing that the matter had been settled out of court.
- Based on this memo and the parties’ submissions, the court disposed of the pending appeal as settled.
- No further merits of the appeal were addressed, and no costs were imposed.
- The order confirms the court’s authority to recognize and finalize consensual settlements reported during pendency of an appeal.
Arguments by the Parties
Petitioner
- No appearance recorded on the date.
Respondents
- Learned counsel for respondents appeared and submitted, jointly with the opposite side, a memo indicating settlement out of court.
Factual Background
- The appeal arose from a judgment and decree in O.S.No.273 of 2013, passed by I Additional District Judge, Salem on 25.10.2018.
- On 13.10.2025, both sides’ counsels appeared before the Madras High Court and recorded that the matter had been settled out of court.
- A memo dated 13.10.2025 to that effect was filed.
- The High Court accordingly disposed of the appeal as settled, issuing no order as to costs.
Statutory Analysis
- The judgment reflects application of civil procedure principles permitting withdrawal/disposal of proceedings on the basis of consensual settlement, as formalized through filing a memo by parties.
- No statutory provisions were specifically interpreted in the text of the judgment.
Dissenting / Concurring Opinion Summary
No concurring or dissenting opinions were recorded in the judgment.
Procedural Innovations
- Disposal of appeal based on joint memo of out of court settlement (consistent with existing procedure).
- No new procedural innovation was introduced.
Alert Indicators
- ✔ Precedent Followed – When existing law is affirmed.